S.Amdt. 5074Senate114th Congress (2015-2017)2nd degree

To limit the permit fees for cabins and trailers on land administered by the Dakotas Area Office of the Bureau of Reclamation and to allow trailer area permittees at Heart Butte Dam and Reservoir (Lake Tschida) to continue using trailer homes on their permitted lots.

Submitted September 15, 2016

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Senate amendment submitted

September 15, 2016

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Senate amendment submitted

September 15, 2016

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Senate amendment agreed to: Amendment SA 5074 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S5742-5743)

September 15, 2016

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Senate amendment proposed (on the floor): Amendment SA 5074 proposed by Senator Inhofe for Senator Hoeven to Amendment SA 4979.(consideration: CR S5742-5743)

September 15, 2016

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Senate amendment submitted

September 15, 2016

Floor

Amendment SA 5074 proposed by Senator Inhofe for Senator Hoeven to Amendment SA 4979. (consideration: CR S5742-5743) To limit the permit fees for cabins and trailers on land administered by the Dakotas Area Office of the Bureau of Reclamation and to allow trailer area permittees at Heart Butte Dam and Reservoir (Lake Tschida) to continue using trailer homes on their permitted lots.

September 15, 2016

Floor

Amendment SA 5074 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S5742-5743)

September 15, 2016

Text

Submitted

SA 5074. Mr. HOEVEN (for himself and Ms. Heitkamp) submitted an
amendment intended to be proposed to amendment SA 4979 proposed by Mr.
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S.
2848, to provide for the conservation and development of water and
related resources, to authorize the Secretary of the Army to construct
various projects for improvements to rivers and harbors of the United
States, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. ____. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT
FEES FOR CABINS AND TRAILERS.

During the period ending 5 years after the date of
enactment of this Act, the Secretary of the Interior shall
not increase the permit fee for a cabin or trailer on land in
the State of North Dakota administered by the Dakotas Area
Office of the Bureau of Reclamation by more than 33 percent
of the permit fee that was in effect on January 1, 2016.

SEC. ___. USE OF TRAILER HOMES AT HEART BUTTE DAM AND
RESERVOIR (LAKE TSCHIDA).

(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed
structure added onto the structure of a trailer home that
increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or
recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper hitch
camper, fifth wheel camper, or equivalent mobile shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means
a spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by
the Secretary authorizing the use of a lot in a trailer area.
(5) Permit year.--The term ``permit year'' means the period
beginning on April 1 of a calendar year and ending on March
31 of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person
holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of
the following areas at Heart Butte Dam and Reservoir (Lake
Tschida) (as described in the document of the Bureau of
Reclamation entitled ``Heart Butte Reservoir Resource
Management Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management Unit
034.
(B) Southside Trailer Area, also known as Management Unit
014.
(9) Trailer home.--The term ``trailer home'' means a
dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made mobile, by
an axle and wheels.
(b) Permit Renewal and Permitted Use.--
(1) In general.--The Secretary shall use the same permit
renewal process for trailer area permits as the Secretary
uses for other permit renewals in other reservoirs in the
State of North Dakota administered by the Dakotas Area Office
of the Bureau of Reclamation.
(2) Trailer homes.--With respect to a trailer home, a
permit for each permit year shall authorize the permittee--
(A) to park the trailer home on the lot;
(B) to use the trailer home on the lot;
(C) to physically move the trailer home on and off the lot;
and
(D) to leave on the lot any addition, deck, porch,
entryway, step to the trailer home, propane tank, or storage
shed.
(3) Campers or recreational vehicles.--With respect to a
camper or recreational vehicle, a permit shall, for each
permit year--
(A) from April 1 to October 31, authorize the permittee--
(i) to park the camper or recreational vehicle on the lot;
(ii) to use the camper or recreational vehicle on the lot;
and
(iii) to move the camper or recreational vehicle on and off
the lot; and
(B) from November 1 to March 31, require a permittee to
remove the camper or recreational vehicle from the lot.
(c) Removal.--
(1) In general.--The Secretary may require removal of a
trailer home from a lot in a trailer area if the trailer home
is flooded after the date of enactment of this Act.
(2) Removal and new use.--If the Secretary requires removal
of a trailer home under paragraph (1), on request by the
permittee, the Secretary shall authorize the permittee--
(A) to replace the trailer home on the lot with a camper or
recreational vehicle in accordance with this section; or
(B) to place a trailer home on the lot from April 1 to
October 31.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee
transfers title to a trailer home permitted on a lot in a
trailer area, the Secretary shall issue a permit to the
transferee, under the same terms as the permit applicable on
the date of transfer, subject to the conditions described in
paragraph (3).
(2) Transfer of camper or recreational vehicle title.--If a
permittee who has a permit to use a camper or recreational
vehicle on a lot in a trailer area transfers title to the
interests of the permittee on or to the lot, the Secretary
shall issue a permit to the transferee, subject to the
conditions described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under
paragraph (1) or (2) shall be subject to the following
conditions:
(A) A permit may not be held in the name of a corporation.
(B) A permittee may not have an interest in, or control of,
more than 1 seasonal trailer home site in the Great Plains
Region of the Bureau of Reclamation, inclusive of sites
located on tracts permitted to organized groups on
Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under 1
permit, unless--
(i) approved by the Secretary; or
(ii) the additional persons are immediate family members of
the permittees.
(e) Anchoring Requirements for Trailer Homes.--The
Secretary shall require compliance with appropriate anchoring
requirements for each trailer home (including additions to
the trailer home) and other objects on a lot in a trailer
area, as determined by the Secretary, after consulting with
permittees.
(f) Replacement, Removal, and Return.--
(1) Replacement.--Permittees may replace their trailer home
with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home under
subparagraph (A), return the trailer home to the lot of the
permittee.
(g) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee or for
damages arising out of any act, omission, or occurrence
relating to a lot to which a permit applies,

[[Page S5853]]

other than for damages caused by an act or omission of the
United States or an employee, agent, or contractor of the
United States before the date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be a taking by the
United States.
______